Findings - PZ - 1991 - CUP/build a 2 car garage in a C2 - Coverted A Commercial Building Into Residential/Add 2 Car Garage
CITY OF EAGLE
IN THE MATTER OF
RAY DOWDING, JR.
AN APPLICATION FOR A
CONDITIONAL USE PERMIT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On June 3, 1991, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 8, Eagle City Code, Ray Dowding, Jr. the applicant, came
before the Eagle Planning and zoning for the City of Eagle,
Idaho, requesting approval of a conditional use permit to build a
2 car garage in a C2 (Commercial) District. Mr. Dowding has
converted a commercial building to a residential dwelling. He
wants to add a garage to the site.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and
Zoning Commission finds the following:
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to
relevant public entities, including Central District
Health, Eagle Sewer District, Eagle Water Co., Eagle Fire
Dept., Idaho Power, and Ada Highway District. The City was
advised by said entities that there was no objection to the
applicant's request for a garage. Ada County'Highway
District pointed out that the Eagle Glen Road is a private
road, therefore, ACHD has no jurisdiction.
2.
On June 3, 1991, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was
presented by neighborhood property owners. There was no
opposition regarding the building of a garage or use of the
property, there was a question of water usage between
neighbors.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
8-1-2: Nonconforming use definition: A building,
structure or use of land existing at the time of
enactment of this Title, and which does not confirm to
the regulations of the district in which it is
situated.
8-2-1: C2 GENERAL BUSINESS DISTRICT: To permit the
establishment of areas for commercial uses allowed in
other commercial zones and commercial uses which are
more intensive than those permitted in other commercial
zones, such as large equipment sales, as well as light
manufacturing in conjunction with retail sales.
8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS:
Residential non permitted use in C2.
8-5-2: AUTHORITY to continue nonconforming use: if a
lawful use involving individual structures, or a of a
structure and land ion combination exists at the
effective date hereof that would not be allowed in the
district under the terms of this title, the lawful use
may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A additions or alterations: no existing
structure devoted to a use not permitted by this
title in the district in which it is located shall
be enlarged, extended constructed, reconstructed,
moved or structurally altered--
The Commission concludes that the non conforming use of the
property cannot be further compromised by the construction of a
garage or any other structure, as set forth in the Eagle City
Code.
The application submitted by Ray Dowding, Jr. for a conditional
use permit to construct a two car garage in a commercial district
does not serve the welfare of the general public and is not in
the best public interest. '
The granting of the application will violate the Idaho Code and
nullifies the interests and purposes of the Eagle City Code and
Eagle Comprehensive Plan.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS
OF LAW, the Eagle Planning and Zoning Commission recommends
to the Council the application be denied based on violations
of the aforementioned sections of Eagle City Code and Eagle
Comprehensive Plan.
ADOPTED by the Eagle Planning and Zoning Commission of the City
of Eagle, Idaho this 15 day of July, 1991.
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APPROVED:
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C IRMAN TOM EASON
PLANNING AND ZONING
COMMISSION
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